Universal Background Checks Act of 2019 – The Legal Brief
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Universal Background Checks Act of 2019 – The Legal Brief


Welcome back to The Legal Brief, the show
where we CRUSH the various legal myths and misinformation surrounding various areas of
the gun world. I’m your host Adam Kraut and today we’re conducting
a super duper FBI specialty background check to make sure you are allowed to consume this
content lawfully according to an upcoming statute pursuant to subsection Less than a week into the 116th Session of
Congress, Representative Mike Thompson, a democrat from California and Representative
Peter King, a republican from New York…I think there’s a joke in there somewhere…
have introduced HR 8 which has been titled the Bipartisan Background Checks Act of 2019. It looks like 2019 is going to be a long year… The bill would would prohibit non licensees,
people like you or me, from transferring a firearm to another person, unless a gun dealer
has first taken possession of the firearm, and conducted a background check. You may also have heard this referred to as
universal background checks or “closing the gun show loophole.” I didn’t realize doing something that’s not
illegal was a loophole but whatever, here we go. Unsurprisingly, as with what seems to be every
piece of gun control legislation introduced, there are some exceptions. As you likely guessed, there is an exception
for law enforcement, the military, and armed private security, so long as the transfer
is done in their official capacity. The bill does provide an exemption for transfers
between immediate family members as well. Those would include transfers between spouses,
parents to children, grandparents to grandchildren, etc. The four other examples that would get a pass
would be executors or administrators of a will or a trustee of a trust, transfers to
an individual to prevent imminent death or great bodily harm, but only for a period of
time when that could occur which begs all kinds of questions, transfers at a shooting
range for the purposes of target shooting, or while hunting. Now, I know what some of you are thinking, but Adam, how can they enforce this without some sort of registration? There has to be a provision that deals with
registration, right? Well, the bill actually states that “Nothing
in this Act, or any amendment made to this Act, shall be construed to authorize the establishment,
directly or indirectly, of a national firearms registry.” And remember, we’re talking about the Gun
Control Act, not the National Firearms Act, which is allowed to have a registry by law. So in short, I don’t know how they’d enforce
it. The bill also contains provisions that would
not allow any regulations set by the ATF in relation to the bill, if it were signed into
law, to force a gun dealer to conduct the checks required or to cap any fees associated
with conducting the transaction. In other words, dealers would have the discretion
to participate in facilitating the transactions and could charge whatever they wanted to do
so. Simply put, the bill would require a background
check on the transfer of firearms between most people. While there are certain exceptions, it would
obviously affect a decent segment of transactions conducted between law abiding citizens. This is one you’ll want to pick up your phone
and call your Representative to tell them to vote no on. That’s it for this episode, if you have learned
anything from this show, help us out and hit that like button, and share it with your friends. Don’t forget to get subscribed and if you
enjoyed the video, consider supporting us via the links down in the video description. Be sure to check out the The Gun Collective
Podcast on iTunes, and as always, thanks for watching!

100 Comments

  • Ginai Doma

    This is an incremental Bill to eventually increase gun control which will end in firearms confiscation.
    It's like accept a little here…accept a little there…and before you know it you are made into a criminal by having possession of a firearm. Bipartisan = NWO.

  • Hengebobs

    They already passed this in Nevada, fortunately state law requires a funding plan for legislation, and the pin heads that proposed it said "the FBI will do it" except Nevada has a state funded nics compliant background check system. It doesn't go through the FBI. So FBI said get bent. State attorney General said "unenforceable". State law prevent alteration of publicly voted legislation for 3 years, so it just sits there, looking stupid.

  • McFarvo

    If a law is immoral or unconstitutional, simply refuse to comply (or enforce, I'm looking at you all LEO and CA/DAs). Civil disobedience is key.

  • Dr.Sloth Sapper

    Simple Solutions for Simple People.
    All you need is one baller as pimp of a Sherif in each state to deputize well everyone.Boom law null and void.

    Or we could do the other thing…
    The 1776 Thing.

  • Brandon Lee

    Hi there. My name is Brandon Lee. I am a future leader of the USA. On behalf of myself and the great people of the State of Texas and the United States of America, do hereby propose the "Big B" bill of 2019. In said bill, any and all elected officials who propose and submit for official consideration to Congress, ANY bill that infringes upon the Constitutionally Guaranteed Rights of the American People will hereby have committed an act of Treason and be sentenced as such immediately. Please gather together and voice your support for my proposed legislation and I hope to have your support as I begin to take on larger and larger roles of leadership in our Government.

  • StuntmanMike1978

    It’s a Trojan Horse Law. They pass it but it accomplishes nothing…then they pass a new law the adds the requirements necessary to be affective.
    They’ve done it before.

  • Barry

    Gess y'all herd the news
    The shooter in Illinois was using a "Lazar"!?!?!
    We all no,,, they make gunz 10-times More deadly.
    They're on the"List" now!
    😆😂🤣😝😭😢
    Bump-stock,,,Lazar,,,
    Watt's next???
    Death by a thousand cuts…(our freedom)

  • jimmy schock

    Its already this way in Pa as far as I know it has been for years. You need to have a background check done for pistols(the gun does not need to be handed over to the store though) but long guns do not need a transfer

  • Mike Bocanegra

    Democrats are trying to block part of this bill. When a illegial immigrant tries to buy a firearm and fails to meet the criteria, they don't want I.C.E to be notified. Nope the crazy left hate I.C.E. so much that they would rather have a illegial alien try to get a gun rather than have I.C.E. be notified and find out the reason why they want a gun in the first place. The left make me sick. The citizens of this country have more restrictions and laws to follow than illegial immigrants. They just seem to fly under the radar and do whatever they want in this country. The left just want them in here by the millions so that hopefully one day the voting system will be so flooded with immigrants that they won't ever have to worry about losing an election. Keep your guns and don't ever turn them in or else us as a nation will cease to exist.

  • Anthony Murphy

    They would enforce it by putting law bidding citizens in jail by setting up stings on people selling guns to strangers who they don’t know.

  • WonderingAimlessly

    How would the know? If my father gave me a firearm years ago, how would they know? Think Im going to register all legal family transfers from many years of activity, they are joking.

  • Ryan Schuler

    I had an idea. I thought maybe a taking a shit after supper I’d be nice. But I forgot to ask my daddy in DC if I could pretty please, have a after dinner shit permit.Since we all know it’s those after much shits that are destroying this country and being a lowly civilian, how could I possibly comprehend when and when not to take a shit unless told when, where, how, why& how long, to shut for my Uncle Sam……

    This👆🏻Is NO MORE absurd than the blatant and excessive tyrannical overreach on our inalienable right to shit when we see fit. If they truly want to help society, require permits to breed. There is enough dumb assholes on this planet already.& not stopping stupid assholes from creating a massive army of little stupid assholes without permission, is socially irresponsible. 🙄🤔

  • Dino Spemoni

    If this passes, then they will say we can’t enforce the law without know who owns what so we need registration. Then when the laws change they know where to go confiscate guns.

  • Wakka Flakka

    They already have this in WA state. All it does is prevent anyone who can't pass a background check from betting a gun. It's a good will enforcement mexhanism, law abiding gun owners will comply and crimals won't. Although there isn't a registration data base, the ATF can track the gun back to the original owner or anyone who has filled out a background check from related to said firearm.

  • Everett Vinzant

    @TheGunCollective I don’t know where else to ask this question, so here it is. on June 27th, 2005 The Supreme Court ruled that the police did not have a constitutional duty to protect a person from harm, even a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation.

    Red Flag laws place a burden on the police to act without a crime, based solely on testimony. Don’t Red Flag laws ignore the fact that police are not culpable and in fact make them culpable for private protection? I know that due process is circumvented, and that is just one problem with Red Flag laws. But isn’t there a separation of duties (for the police) that is being violated here? I’m not an attorney, and I’m not trying to offer any legal advice.

  • BBB H

    Sooo… Is this guy saying that universal background checks are a bad idea? They take less than 5 minutes! Really: if someone is legally allowed to own a gun, then they should be able to. So: what the heck is the problem with background checks? (Unless this nut is arguing that there SHOULD BE a way for say, a convicted violent felon on parole to legally buy a gun…). Also, re: private sales- does anyone here REALLY want to maybe sell a gun to a violent felon or a mentally Ill person? I sure don't.

    What is this dude afraid of? Sure, universal background checks may only prevent a portion of gun crime, and, yeah, some criminals aquire their guns illegally (resulting in more charges and longer sentences for them!)… But, even so, shouldn't we do everything in our power to make sure that only qualified citizens are able to buy guns legally? In fact, 97% of (legal) gun owners support such universal BG checks- like I (a legal gun owner) do.

    Some nonpartisan, evidence backed stats-

    https://www.politifact.com/wisconsin/statements/2018/mar/02/tammy-baldwin/mostly-target-claim-97-percent-gun-owners-support-/

    Why is our NRA so out of touch on this issue? Maybe because the NRA is bought and paid for by the industry, NOT by sportsmen, enthusiasts, and other forearm consumers like you and I.

    I have NO PROBLEM with undergoing a background check (since I am not a criminal) and I can concieve of only two real reasons that someone would object- making money, and felonies.

  • Redwhite&blue Buckslayer

    This just stops sites like armslist. They know this is just a small chip away at freedom. Once this is established next step is registration. Dont worry in a few years the right will never win an election again due to third world immigration so calling your muslim rep wont do you any good.

  • IMA FRIEND

    I don’t take background checks, matter of fact I don’t take checks of any kind, cash has always worked for me and will continue to do so.

  • Mike M

    the "gun show loophole" was invented so people like my liberal brother think people can walk into a gun show and walk out with a gun no questions asked.

  • Mike M

    calling your representative, voting, writing letters, protesting…. NONE of this will stop the eventual confiscation of all guns in America and the ensuing death and destruction it will surely bring.

  • Giuseppe Simonetti

    First off before I watch this video if they want mandatory FFL transfers then it should be free to transfer a firearm and not a $25-50 charge. Lol Gun shops aren't gonna want to do that so they should allow the police department to do firearm transfers. Also immediate family should not have to go through an FFL

  • nunya business

    It's ok it's time to do a Universal grind off serial numbers on all firearms. If I want to sell my property I will to whomever I Fing want to without any of you Piece of shit Tutu wearing anti everything whiny cry baby drama god nosy cant mind your own Fing business Libtard coward permission and there isn't a Fing thing you can do to stop anyone. I'm telling you take your power happy control freak B.S. and shove it up your asses before I come do it for you.

  • Reg Fake

    this is real scaring. without a registration of firearms you'll be breaking a crime no matter what.criminal i got the firearm from so and so.your guilty if named. see what is going on here . forcing you to register all your firearms to protect yourself under the law. very sneaky. next all out confiscation now that all are registered.

  • Jim Man

    the problem is under the constitution, the peoples rights cannot be regulated, registered or controlled. there is no difference in the 2nd amendment then there is any of the other amendments or rights. free men do not need permission to exercise their rights, including the 2nd amendment. since when and where in the constitution does it give the government the right to give certain people the permission to exercise any of their rights? NO WHERE )not even for the 2nd amendment)… they are the impostors of liberty the founders warned about.

  • Martin Todd

    "No leglislative act contrary to the Constitution is valid." James Madison. Fedralist Papers 78 paragraph 11. So what part of.."SHALL NOT BE INFRINGED don't they understand..? Dont their oath to defend the Constitution mean anything to them..?

  • wake up

    Yeah yeah yeah… They already did this shit in Washington State… Are you people fucking sick of this shit yet? Figure it the fuck out and stand up for your fucking REPUBLIC!!! Before it's gone!!!!!

  • MarbleDemo

    You ever misplace a firearm near a trail and return only to find cash under the same log it seems very weird but I can't be the only one.

  • Richard Przybylek

    So can't sell firearms person to person so when do we start doing this for cars cause you don't know if a person can drive so let's do background checks on all personal sales cause I don't know if the couch I sell will be used to burn down a house

  • Laz Onya

    I was thinking about voting from the rooftops with my assault rifle. I came up with a better idea, because the United States Government doesn't care about how many of it's soldiers get killed (American people do, not the Government) and since logic and reason does not apply to Liberals, What am I supposed to do with this assault rifle that has been collecting dust in the gun safe for years now? They don't want me to have it, I don't need it. So here is the deal. The next BS gun, I am going to accidentally lose it in the GHETTO somewhere for 5 dollars and a case shells to go with it, even if Ghost Face Killa of the Heartless Felons (coming to a neighborhood near you) wants me to say he stole it. Choose your emotional triggers WISELY.

  • Jamie Mac

    I dont understand the whole universal background check … isnt there a background check performed already when purchasing a firearm!? At least when i buy there is (here in CT)

  • J-Bob 5150

    Good luck with that, my state doesn't even require that you register your firearms. Soooo, they don't even know I own a firearm. Which I don't. (wink wink) Fucktards

  • Jordan Reed

    As a gun guy, someone please provide me with a logical explanation as to why eliminating private firearm sales is a negative thing?
    What the purpose of having background checks if any person can get around it easily?

  • GHOSTBUSTER DOOMSDAY

    I'm certainly not supporting that practice of international community's contradictions knowing thay they should not been making mistakes, damn their representatives. I am paying for the wall, since its their insurrection infiltration treasoning conducting relays of illegal corporate espionage their misuse of utilities eminating eavesdropping calling their alien autonomy attacks as counter-saboteurs. Damn all those extremist people government[s] sacrificial murders in attempt to conceal their cover of state of the art breakthroughs. I wouldn't support their trash due to lots of things besides foreign national policy and their bipartisan people repreaentatives political mix stirring-the-pot.

    Those cops been letting their traitors run individuals over while they jump into traffic to complain. Same thing with guns as suicidw by cops people have turned to a bunch of dirty complaining political statutory rapist cowards attempting to avoid their status quo bullshit sham to cover their defrauding attempt of their scams parading through surrealism war tactics and psy-ops misdirection, exploited and blown-out the water (thrown into their political discourse contradictions).

  • Robert Button

    Haha this is old news to New Yorkers since the safe act happened we’ve had to go to a FFL to transfer guns from person to person it’s called a private party transfer. The private party transfer also comes with a $30 transaction fee. It’s bull I work at bass pro and own guns I know if you live in a free state don’t let this happen.

  • Chris Earls

    Again……Going after law abiding citizens and not crooks, gang members, other felons……FVCKING COWARDS!!!!!!!

  • Rick Christopher

    So here's one of many problems, how are they going to know whether I bought this gun prior to the law
    or after the law ?

  • Robert Nilson

    Adam, It was a pleasure meeting you at the Great American Outdoor Show in Harrisburg, PA.I find your videos informative and easy to understand. I live in the communist state of Maryland and contacting my Reps is a total waste of time. As you read this they are trying to pass bills to take away our RIGHTS so we will be not able to have much more than black powder or bows and arrows! I'll be surprised if slingshots are not next on the list.

  • Yawningdog6

    This is a do-nothing, unenforcible bill with a lot of fancy language the dems can point to and say "See? We're looking out for your safety, America!" and their sheep-like voting base will say "Great job! I'm glad I voted for you!"

  • Mr_ S

    Subversion ideology
    1) Demoralization
    2) Destabilization
    3) Crises
    4) Normalization

    Normalization is when they use military force to establish new world order. “The situation is normalized. Don’t believe in new world order?

    US population 375,750,200
    Clearance for classified information (4.2 million 1.5%) Top Clearance (1.2 million .35%)
    Source: Huff Post Article

    UN 5 permanent members of the security council. Russia, China, UK, France, USA
    Source: UN official website

  • Airborne 21532

    How can the Federal Government legally implement a law that targets private transactions that take place within one state's boundaries…and that the state government in many cases authorizes?

  • candymanal

    I'm absolutely sure, that all criminals will voluntarily obey this new law. Of course. I also believe that leprechauns have pots of gold and pigs fly on their own power.As a mater of fact? I need to cut this short.My herd of unicorns out back, need to be fed.

  • milcoll73

    "nothing in this act, or any amendment made to THIS act, shall be construed to authorize the establishment, directly, or indirectly, of a national firearms registry," YET!!!!!!!!

  • Ben Bilbrey

    It's not just 2019 that's going to be a long year in gun control laws, it's going to be every year. Every year they are going to continue to do this until they either get what they want, little by little, or someone (or a group of people – be it the American people or someone else in the government itself) forces them stop.

    I'm sure a lot of you already know this, but I just had to say it.

  • LezChap

    I fully support implementation of the something that allows a citizen to call a number or look up in a database online and check if the person they're giving a potentially dangerous item to can legally own that item…anything that allows a citizen to go above and beyond to try to do the right thing is a good thing. I won't support any MANDATE that they do so…especially if it includes a tax and the possibility of confiscation of property…if you're trying to sell a firearm and the dealer has to take possession…if the buyer fails, do they now have to check the seller before returning the property? (IIRC if you leave a firearm at a gunsmith overnight, they have to perform a background check before giving it back, right?)

    Most private sales I see around my parts, the sellers require a "CCW" as proof one can legally own a firearm. The likelihood someone who has a CCW later becoming a prohibited person is so minimal that it satisfies the "due diligence" of most people's conscious for legal private transfers.

  • John Smith Jr

    "Shall not be infringed"
    The constitution is the Law.
    An Act isn't a Law, just attached to and existing Law as a sneaky attempt to bypass the democratic process.
    If you can't beat them with brains, Baffle them with bullshit!
    Hence why things are made complicated!!!

  • Chris S

    We definitely need a universal background check. We don't need criminals and crazy people getting guns through the loophole. Are you a crazy person or Criminal? If no, then shut the fuck up and support the bill because it is supported by 85 to 90% of your neighbors! Not only that, it's supported by law enforcement and the FBI, so stop whining and be a good citizen!

  • Julian Regulators

    What I would like to know is…..if we have a constitutional right that is inalienable such as the 2nd amendment then why do we have to submit to permits, licenses, background checks, pay fees, ect..?
    Having to do all this makes this no longer a right but a privilege.

  • R Sjr

    This is ludicrous. Another stupid unenforceable gun control law. It also helps the gun stores get rich because it's the only place you can buy and sell your firearm? And they give you peanuts for your firearms then turn around and sell them for double what they give you. It's horse pooey. Way to go lawmakers. You ensure the only people that benefit from this law are crooks and FFL dealers. Thanks for nothing!

  • John Leiman

    1:35 well I think that the definition of the loophole is an act that is, due to legislative oversight, legal, but was intended to be made illegal. Just talking terms here though.

  • Cory R

    Why not just open up the NICs system to private sellers, I would not mind doing it selling a gun to someone if we could just call it in like FFLs do?

  • Tony's

    The problem is this law doesn't stop people we don't want to have a gun from selling it to someone else we don't want to have a gun. They are already breaking the law by having a gun in the first place you really think another law is going to stop them.

  • iambrandonmoore

    We need an ID purchase guns – our right to bear arms to protect ourself et cetera.
    So why the backlash for voter id- to help protect voting integrity from the left?

  • Roll the R

    Holy propaganda. You are not in favor of protecting people, you are in favor of protecting the National Rifle Association.

  • A Olvaar

    With UBC, a check can find the last legal owner, and it better be you.
    This will mean all guns need a TITLE, for the recording ownership.
    Go to your Local Sports Collective (High School) after 3PM during the month
    to title and record your ownership.

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